BILL NUMBER: AB 526	CHAPTERED  09/15/99

	CHAPTER   383
	FILED WITH SECRETARY OF STATE   SEPTEMBER 15, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 15, 1999
	PASSED THE ASSEMBLY   AUGUST 26, 1999
	PASSED THE SENATE   AUGUST 24, 1999
	AMENDED IN SENATE   AUGUST 16, 1999
	AMENDED IN SENATE   JULY 1, 1999
	AMENDED IN ASSEMBLY   MAY 17, 1999
	AMENDED IN ASSEMBLY   MAY 3, 1999

INTRODUCED BY   Assembly Member Zettel
   (Coauthors:  Assembly Members Calderon, Cox, Cunneen, Margett,
Oller, and Strickland)
   (Coauthor:  Senator Alpert)

                        FEBRUARY 18, 1999

   An act to add Section 1380 to the Evidence Code, relating to
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 526, Zettel.  Hearsay exceptions:  elder and dependent adults.
   Existing law, the hearsay rule, generally excludes from evidence a
statement that was made other than by a witness while testifying at
a hearing if that statement is offered to prove the truth of the
matter stated.
   This bill would create an exception to the hearsay rule for
certain statements of specified elder and dependent adults who are
victims of abuse, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1380 is added to the Evidence Code, to read:
   1380.  (a) In a criminal proceeding charging a violation, or
attempted violation, of Section 368 of the Penal Code, evidence of a
statement made by a declarant is not made inadmissible by the hearsay
rule if the declarant is unavailable as a witness, as defined in
subdivisions (a) and (b) of Section 240, and all of the following are
true:
   (1) The party offering the statement has made a showing of
particularized guarantees of trustworthiness regarding the statement,
the statement was made under circumstances which indicate its
trustworthiness, and the statement was not the result of promise,
inducement, threat, or coercion.  In making its determination, the
court may consider only the circumstances that surround the making of
the statement and that render the declarant particularly worthy of
belief.
   (2) There is no evidence that the unavailability of the declarant
was caused by, aided by, solicited by, or procured on behalf of, the
party who is offering the statement.
   (3) The entire statement has been memorialized in a videotape
recording made by a law enforcement official, prior to the death or
disabling of the declarant.
   (4) The statement was made by the victim of the alleged violation.

   (5) The statement is supported by corroborative evidence.
   (6) The victim of the alleged violation is an individual who meets
both of the following requirements:
   (A) Was 65 years of age or older or was a dependent adult when the
alleged violation or attempted violation occurred.
   (B) At the time of any criminal proceeding, including, but not
limited to, a preliminary hearing or trial, regarding the alleged
violation or attempted violation, is either deceased or suffers from
the infirmities of aging as manifested by advanced age or organic
brain damage, or other physical, mental, or emotional dysfunction, to
the extent that the ability of the person to provide adequately for
the person's own care or protection is impaired.
   (b) If the prosecution intends to offer a statement pursuant to
this section, the prosecution shall serve a written notice upon the
defendant at least 10 days prior to the hearing or trial at which the
prosecution intends to offer the statement, unless the prosecution
shows good cause for the failure to provide that notice.  In the
event that good cause is shown, the defendant shall be entitled to a
reasonable continuance of the hearing or trial.
   (c) If the statement is offered during trial, the court's
determination as to the availability of the victim as a witness shall
be made out of the presence of the jury.  If the defendant elects to
testify at the hearing on a motion brought pursuant to this section,
the court shall exclude from the examination every person except the
clerk, the court reporter, the bailiff, the prosecutor, the
investigating officer, the defendant and his or her counsel, an
investigator for the defendant, and the officer having custody of the
defendant.  Notwithstanding any other provision of law, the
defendant's testimony at the hearing shall not be admissible in any
other proceeding except the hearing brought on the motion pursuant to
this section.  If a transcript is made of the defendant's testimony,
it shall be sealed and transmitted to the clerk of the court in
which the action is pending.
